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Ninyo & Moore (Aug 2013) CITY OF RANCHO PALOS VERDES PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ( 9 reement "A ") is made and entered into this 8 T14 day of ML/G-u-Sr, 2013, by and between the City of Rancho Palos Verdes(hereinafter referred to as the "CITY") and Ninyo & Moore (hereafter referred to as "CONSULTANT"). IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows: Installation of 4,000-feet of 54"welded thick wall steel storm drain pipe. About 1,600- feet of the pipe will be laid as direct burial using the traditional open cut method, with the pipe being welded after backfilling. The balance of the pipe will be installed underground in tunnels. 1.2 Description of Services CONSULTANT shall: Provide continuous deputy welding inspection services inside the buried 54" diameter pipe and provide detailed daily reports. as described in the CITY's Request For Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this reference, and in CONSULTANT's Proposal, which is attached hereto as Exhibit"B" and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A" and "B,"the terms of Exhibit A shall control. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God,or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. Page 1 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services . 9 • ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT an amount not to exceed Twenty Two Thousand Eight Hundred and Sixty Four dollars($22,864)for services as described in Article 1. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment for all undisputed invoice amounts within thirty(30) days of receipt of each invoice. CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10) working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSULTANT shall perform such services, and CITY shall pay for such additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is within Exhibit "B." The rates in Exhibit "B" shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on Au 6-UST S/ 20(3 and shall terminate . g on April 30, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. Page 2 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification To the maximum extent permitted by law, CONSULTANT shall defend, indemnify, and hold the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers(collectively"Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively"Claims"), in any manner arising out of or incident to any acts or omissions of CONSULTANT, its officials, officers, employees or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys'fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees. With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. CONSULTANT shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000)general aggregate for bodily injury, death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate Page 3 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services • • for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three (3)years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three (3)years or by a three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.5 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30) days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. Additionally, CONSULTANT shall provide immediate notice to the City if it receives a cancellation or policy revision notice from the insurer. (b) CONSULTANT agrees that it will not cancel or reduce any required insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. Page 4 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services 0 0 3.7 Entire Policy and Certificate of Insurance At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers, agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance policies (other than workers compensation and professional liability) shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time,with or without cause, by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows: for work satisfactorily done in accordance with all of the terms and provisions of this Agreement as determined by the CITY, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the Page 5 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services 1110 0 CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. Page 6 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services 1110 0 ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. 6.2 Nondiscrimination During the performance of this Agreement, CONSULTANT and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. CONSULTANT and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CONSULTANT and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code Section 12990 (a-f)et seq.)and the applicable regulations promulgated there under (California Code of Regulatlons, Tltle 2, pp Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement byreference and made a part hereof as if set forth in full. CONSULTANT and g its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the Agreement. 6.3 Personnel CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT's services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the Page 7 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services 110 • performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.4 CONSULTANT's Representations CONSULTANT represents, covenants and agrees that: a)CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations, commitments, or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 6.5 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve(12) months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. Page 8 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services 0 40 6.7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless, defend and indemnify the CITY and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. Notwithstanding the above, CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ,when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.8 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents,ents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify g g and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of anyfees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles Page 9 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services , 0 • The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payment, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a)the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or(b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: Page 10 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services To CITY: Responsible Person: Alan Braatvedt City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Responsible Person: Jim Barton Address: Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 6.15 Audits and Accounting The City, the State of California, California State Auditor, or any of their representatives may examine and audit all records and other written materials used or produced by CONSULTANT in relation to this Agreement. CONSULTANT shall preserve all such records and other written materials for this purpose for at least three(3)years after final payment under this Agreement. CONSULTANT shall promptly furnish such records or other written materials requested by the City, State or State Auditor. Furthermore, CONSULTANT shall maintain books, records, and other documents pertinent to its work under the Agreement in accordance with generally accepted accounting principles and practices, and CONSULTANT shall require the same of all of its subcontractors. 6.16 Drug-Free Workplace Certification The Drug-Free Workplace Certification is attached hereto as Exhibit"C"and incorporated herein by this reference. CONSULTANT shall sign the Exhibit "C" under penalty perjury,of require its subcontractors to sign Exhibit "C" under penalty of perjury, and submit all of the signed copies of Exhibit "C" to the CITY immediately. 6.17 Inspections The State of California shall have the right to inspect the work being performed at any and all reasonable times, providing a minimum of a 24-hour notice, during the term of this Agreement. Page 11 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: Faust 9, 2013 Ninvo & Poore ("CONSULTANT") By: Printed Name: Jalal Vakili Title: Principal Engineer By: Printed Name: Carol Price Title: Principal Geologist Dated: S" D-1 - 13 CITY OF RANCHO PALOS VERDES ("CITY") By: City Manager ATTEST: APPROVED AS TO FORM: By: W,L,'-fiz,4Leisc_ By: City Clerk City Attorney Page 12 of 12 R6876-0001\1602653v2.doc Agreement for Professional Services 1 0 Exhibit "A": City's Request For Proposals Exhibit "A" R6876-0001\1602653v2.doc Agreement for Design Professional Services REQUEST FOR PROPOSALS CITY OF RANCHO PALOS VERDES WELDING INSPECTION OF 54" DIAMETER PIPE FOR THE SAN RAMON STORM DRAINAGE SYSTEM www.palosverdes.com MAYOR, SUSAN BROOKS MAYOR PRO TEM, JERRY DUHOVIC COUNCILMEMBER, BRIAN CAMPBELL COUNCILMEMBER, JIM KNIGHT COUNCILMEMBER, ANTHONY MISETICH The City of Rancho Palos Verdes invites proposals from selected inspection service firms to provide welding inspection services for the San Ramon Canyon Storm Drain System. It is essential that the individuals involved have the relevant personal experience. To be considered for this project, your proposals must be received by the Public Works Department, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, with attention to: Les Jones, Interim Director of Public Works, no later than 2 p.m., Thursday, August 1, 2013. Electronic submissions will not be accepted. 1. Project Background and Description The welding inspections for the San Ramon Storm Drainage System Project consists of inspecting field welded joints for 2000' of Spiral Welded 54" Diameter 5/8" Steel Pipe installed in a rib and lab tunnel, 1800' of Spiral Welded 54" Diameter 5/8" Steel Pipe installed in an open cut, and 300' of "Rolled" 54" Diameter 1" Steel Pipe installed in a slant drain tunnel. A total of 4100' of 54" Steel Thick-walled pipe will be installed on the project. The construction project has been awarded to General Contractor L.H. Woods & Sons and is currently underway. 2. Scope of Services The Inspection Service Firm shall be responsible for providing complete Welding Inspection Services as follows: a. Visually inspect up to four welders at a time in a medium diameter pipeline environment. Welders will be performing AWS D 1.1 fillet welds on 5/8" and 1" steel pipeline. The fillet weld has an approved procedure and has been tested before to RFP for Welding Inspection Services for the San Ramon Canyon Project Page 1 of 4 AWS Standards (Welding Procedures and Connections Submittals approved as per attached Exhibits). b. Full-time inspection of randomly selected welds and Die Penetrant tests per AWS D 1.1 standards are to be performed. A single inspector will be required. c. Inspection is likely to be required on three or four separate occasions for a total duration of about 30 working-days. The following dates are provided as a guideline: 1. Mid-August 2013 —inspection of 1500' Spiral Welded 54" Diameter 5/8" Steel Pipe "Open Cut" portion. 2. Early-October 2013 — inspection of 300' "Rolled" 54" Diameter 1" Steel Pipe "Slant Drain" Portion. 3. Early-December 2013 — inspection of 2000' Spiral Welded 54" Diameter 5/8" Steel Pipe "Rib & Lag" portion. 4. Late-December 2013 — inspection of 300' Spiral Welded 54" Diameter 5/8" Steel Pipe "Open Cut" portions (only about 10-15 joints). d. Inspection Personnel shall have Confined Space Certification and must also complete the individual certifications required by General Contractor L.H. Woods and Tunneling Subcontractor DrillTech Engineering. 3. Team The Project Owner is City of Rancho Palos Verdes. The General Contractor on the project is L.H. Woods & Sons. Tunneling Subcontractor, DrillTech Engineering, is performing the tunneling operations with L.H. Woods self-performing the welding. Construction Management services are provided by KOA Corporation. Geotechnical planning and inspections are provided by Ninyo & Moore. Project Design and Engineer provided by Harris &Associates. 4. Deliverables Detailed Daily Inspection Logs are to be submitted and shall include inspection verification of all inspection points as determined by AWS D 1.1 standards. Plot the location of every weld on an As-Built plan and relate each with the daily inspection logs. 5. Inspection Services Firm Representative The Inspection firm shall assign a primary representative and an alternate to perform the services described in the scope of work. Both shall be identified in the proposal. The firms representative shall remain in responsible charge of all field duties from the first day of required inspection through the completion of the pipe welding component of the project. If the primary representative is unable to continue with the inspection services, then the alternate representative shall become the primary representative. RFP for Welding Inspection Services for the San Ramon Canyon Project Page 2 of 4 6. Inspection Services Firm —Additional Responsibilities The successful Inspection Firm shall be required to enter into a written contract with the City of Rancho Palos Verdes and shall be responsible for completing the specified services in Accordance with the City's standard "Professional Services Agreement" which shall be prepared by the City. A copy of this standard agreement is attached. This Request for Proposals and any subsequent correspondence, or any part thereof, may be incorporated into and made a part of the final contract; however, the City reserves the right to further negotiate the terms and conditions of the agreement with the successful inspection services firm. At a minimum, the agreement shall include an all- inclusive daily rate, with an all-inclusive hourly cost to the City of Rancho Palos Verdes. The primary components and provisions of the agreement shall include the insurance requirements. 7. City Responsibilities e. The City shall provide the following to assist the Inspection Services Firm with the project and its completion: 1. Project Plans & Specifications (as requested). 2. Copies of Approved Submittals 3. List of Project Stakeholders 4. Sample Contract 8. Submission of Proposals The proposals shall be presented in any suitable format, and include at a minimum the following information: o Introduction and understanding of the project and scope of work. This is viewed as an important component of the proposal. o Inspection Services Firm experience with at least three recent projects of similar scope, including references with contact person and telephone number. o Identification of the project team, including resumes of field inspectors. The Inspection Firm's primary representative shall be available on all occasions for discussion with City staff o An all-inclusive hourly rate for the services to be provided. The hourly fee shall include all costs such as travel expenses, including travel time, telephone, overhead, profit, etc. as the City will not entertain paying for these items separately. Overtime will be paid should the work-day exceed 8-hours in any one day. 9. Selection Procedure City staff will review the inspection proposals. Proposals will be evaluated based on the following criteria: o Experience of the firm in providing similar services. o Relevant experience of individual team members assigned to the project. o Your understanding of the project and the issues that need to be addressed. o References from clients for whom similar services were provided. Any questions regarding this proposal shall be submitted in writing to the Public Works Department, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, and attention: Alan Braatvedt. Questions may be submitted via e-mail to alanb(a-)-rpv.com RFP for Welding Inspection Services for the San Ramon Canyon Project Page 3 of 4 AND a Ian b(a)koacorporation.com. The e-mail shall be clearly identified in the subject line as: "Welding Inspection Services of San Ramon Storm Drainage System: Request for Information" All questions must be received no later than 5 p.m., July 25, 2013. Responses to all questions received will be e-mailed to all prospective proposers on or before July 30, 2013. 10. General Information o This Request for Proposal does not commit the City of Rancho Palos Verdes to pay costs incurred in the preparation of a response to this request. No work may begin until a "Professional Services Agreement" is executed and the City issues a Notice to Proceed. o Not withstanding any other provisions of this Request for Proposal, the City of Rancho Palos Verdes reserves the right to reject any and all proposals and to waive any informality in a proposal. o Submission of a proposal shall constitute acknowledgement of all terms and conditions set forth in the Request for Proposal unless otherwise expressly stated in the proposal. o All data, documents, and other products used or developed for this project shall remain in the public domain upon completion of the project. Similarly, all responses to this Request for Proposal shall become the property of the City of Rancho Palos Verdes. o The method of payment upon negotiation of a contract shall be monthly payments based upon satisfactory progress and the submission of invoices for payment. o All correspondence during the reply period shall be by e-mail. o The City reserves the right to conduct personal interviews of respondents. o The City reserves the right to request clarification of information submitted and to request additional information that it may reasonably require, which shall be furnished by the respondent. o Statements may not be modified or withdrawn prior to the selection of inspection services firm. o The City will require the selected inspection services firm to enter into a standard professional services agreement prepared by the City. 11. Attachments The following information is provided as reference: Reference attached Approved Contractor Submittal Packages 5. Exhibit A— Front End Welding Submittal Package 6. Exhibit B — Rib & Lag / Slant Drain Pipe Shop Drawings 7. Exhibit C — Open Cut Pipe Shop Drawings 8. Exhibit D — Standard Professional Services Agreement prepared by the City. RFP for Welding Inspection Services for the San Ramon Canyon Project Page 4 of 4 i0 0 Exhibit "B": Consultant's Proposal and Schedule of Hourly Rates Exhibit "B" R6876-0001\1602653v2.doc Agreement for Design Professional Services ,�.c. .u...EE: CuryrurPlr'ui +I trrrf Crivirr�¢ir�`it=n[,�I`,rrrrr'�r„€,C n�iwti.rl(:<ints July 29, 2013 Proposal No. P-16063 Mr. Les Jones City of Rancho Palos Verdes Public Works Department 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Subject: Proposal for Welding Inspection Services San Ramon Storm Drainage System Project Rancho Palos Verdes, California Dear Mr.Jones: Ninyo & Moore is pleased to submit this proposal to provide welding inspection services during the construction of the San Ramon Storm Drainage System Project in Rancho Palos Verdes, California. We understand the City's needs and desires for these services and are committed to providing high quality and cost-effective welding inspec- tion services. We are ready to meet the City's requirements by making available a tailored team of dedicated professionals who have the resources and requisite experience with similar projects to meet your needs. Some of the advantages Ninyo& Moore provides the City of Rancho Palos Verdes include: • A proven track record as the geotechnical on-call consultant for many other cities in southern California. Under these contracts Ninyo & Moore has performed welding inspection services on numerous projects that are similar in type and scope to the City of Rancho Palos Verdes'planned project. • A team composed of highly experienced geotechnical engineers, geologists, inspectors, and field and laboratory technicians. Dr. Jalal Vakili, a Principal Engineer of Ninyo & Moore, will lead the team, and has the authority to draw on the entire resources of Ninyo&Moore for the timely and successful completion of the projects. • Our services will be coordinated from our Irvine office and geotechnical laboratory located at: 475 Goddard,Suite 200, Irvine, California 92618 Phone: 9491753-7070 ■ Fax:9491753-7071 • As one of the largest geotechnical consulting firms in Southern California, Ninyo& Moore employs over 407 pro- fessionals, including numerous California-registered engineers and geologists and certified inspectors and technicians. • Our field and laboratory technicians with certifications from ICC, NICET, ACI, and Caltrans. Our fully-equipped, in-house soil and material testing laboratories are accredited by Caltrans, American Association of State High- way and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratory (CCRL), the City of Los Angeles, the Division of the State Architect, and many other public agencies. • Ninyo& Moore is a Minority Business Enterprise. 475 C,3rr(3r1ad,SG.r e 200 �^ I mne,C,rVurn(,k W61 Ph€,uric(949(P13-1010 - Fax(”49M1 753-7071 Can Dew, Imrie . l)s Ariegefe, Rand rn Cucarnoo lgo,, Oakland San 4"'ranusc n m .,,ri7 use avc rarrwnw Li,,Vega% Phoenix iiar.rnn rreraun VAIey ro Dcflvk"r Houstur) San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 We are fully prepared to make every possible commitment needed for the successful and timely completion of the project assigned to us.Your favorable consideration of this proposal is appreciated, and we look forward to being of service to the City of Rancho Palos Verdes. Sincerely, NINYO&MOORE Jalal Vakili, PhD, PE Principal Engineer AR/JV/klb P-16063_w-Fee Inserted 2 San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 TABLE OF CONTENTS Page PROJECT UNDERSTANDING.............................................................................................................1 SCOPEOF SERVICES.......................................................................................................................1 ASSUMPTIONS..................................................................................................................................1 ESTIMATEDFEE ...............................................................................................................................1 COMPANYPROFILE..........................................................................................................................2 PROJECTTEAM ................................................................................................................................3 Attachments Table 1 —Breakdown of Estimated Fee Schedule of Fees Schedule of Fees for Laboratory Testing Appendix Resumes of Key Personnel P-16063_w-Fee Inserted i San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 PROJECT UNDERSTANDING Based on our review of the Request for Proposal (RFP), we understand that the project will generally consist of in- specting of pipe welds for 3,800 linear feet (LF) of spiral welded 54-inch diameter steel pipe and 300 LF of 54-inch diameter "rolled" steel pipe. The pipe installation will include both tunneling and "cut and cover" construction. The anticipated level of effort for inspection services is 30 days. Our proposed field inspectors are American Welding So- ciety(AWS)certified and if selected,will be confined space certified. SCOPE OF SERVICES Based on the information outlined above, our current understanding of the project, and our experience with similar projects,we propose the following services in accordance with AWS D1.1 requirements: • Project coordination and management, including review of the project reports, plans, specifications and special provisions, and providing test data summary reports. • Attendance at pre-construction meetings and field meetings,as requested. • Field welding inspection services including die penetrant tests in general accordance with the project specifica- tions and AWS D 1.1 standards. • Preparation of field observation reports and test data sheets. Our reports will include weld locations and photo documentation as necessary. Our documents will be made available to our client on a daily basis or provided as requested. ASSUMPTIONS The following assumptions have been made in the preparation of our scope of services: • Our services will be scheduled and coordinated by our client's field inspector or project manager on an as- needed basis. • Our services are subject to prevailing wage requirements. • Our estimated fee does not include stand-by time or cost associated with resampling or retesting materials that were found not to be in compliance with the project plans and specifications. Our services will depend on the construction schedule and contractor's operations. Hours spent that exceed those in the attached table will be billed on a time-and-materials basis. ESTIMATED FEE We propose to provide our soils and materials testing services on a time-and-materials basis in accordance with the attached Schedule of Fees and Schedule of Fees for Laboratory Testing. Our estimated fee for the scope of services P-16063_w-Fee Inserted 1 San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 described herein is presented in the attached Table 1. As indicated in the RFP, our rates include travel expenses, telephone usage,overhead, and profit.Travel time to the site will not be charged. COMPANY PROFILE Ninyo & Moore, a California Corporation, is a minority-owned, multidisciplinary consulting firm that provides high-quality geotechnical and environmental consulting services. The firm was incorporated in 1986 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. We are committed to being responsive, thorough, technically sound, and active in the 101�c business community. Ninyo & Moore serves its clients through offices in Los Angeles, Irvine, Rancho Cucamonga, San Diego, San Francisco, Oakland, San Jose and Sacramento, California; Las Vegas, Nevada; Prescott Valley and Phoenix,Arizona; Denver, Colorado; and Houston,Texas. The quality of Ninyo & Moore's personnel base of over 400 employees is widely recognized. Our staff of professionals includes experienced and registered geotechnical engineers, civil engineers, environmental engineers, engineering geologists, hydrogeologists, environmental scientists, certified technicians and field inspectors, and hazardous waste and regulatory compliance specialists. The experience of Ninyo & Moore's geotechnical staff encompasses projects throughout the southwestern United States including roads, highways, bridges, pipelines, sewers, reservoirs, pump stations, treatment plants, recreational educational, power plants, soundwalls, dams, waste-to-energy facilities, tanks, maintenance, and medical facilities, municipal and commercial structures, tunnels, transmission towers, harbors and offshore structures, railroads, airports, low- and high-rise structures, landfills, and other public and private works. Our environmental staff has diverse experience in environmental assessment and audits, hazardous material assessment, surface and subsurface sampling, asbestos, lead-based paint, sampling and analysis, cost estimates, contamination studies, soil and groundwater contamination studies, site remediation, emergency response to hazardous spills, abatement, and redevelopment activities and projects. In addition, Ninyo & Moore has five fully-equipped, certified geotechnical laboratory facilities in California supervised by registered engineers. Our laboratories are certified by AASHTO, Caltrans, the Division of the State Architect, the City of Los Angeles, and the City of San Diego. P-16063_w-Fee Inserted 2 San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 PROJECT TEAM Mr. Garreth Saiki, P.E., G.E., will serve as the Project Manager. Mr. Saiki will provide project management and oversight, review field and laboratory test results, provide supervision and technical support to field and laboratory technicians, perform project administration and management including cost and schedule controls. Mr. Saiki is a California Registered Geotechnical Engineer with extensive experience in geotechnical engineering for recreational, municipal and commercial developments for various city and county agencies. Mr. Saiki has managed similar materials testing services contracts for public agencies, including the County of Los Angeles Department of Public Works, City of Angeles, Bureau of Engineering, Los Angeles Unified School District, and the Orange County Sanitation District. Ninyo & Moore's field staff is highly experienced and qualified to provide testing and welding inspection services for an extensive range of project requirements. Ninyo & Moore's field and laboratory technicians maintain certifications with AWS/CWI, ICC, various city and county agencies, and possess a working knowledge of the requirements and procedures as specified by these agencies and are extensively experienced at providing welding inspection services for construction projects. The following table summarizes key personnel being submitted for this contract. Detailed resumes are being provided in Appendix A. Table 1 —Key Project Team r Garreth Saiki, Project Manager M.S.Civil Engineering Registered Civil Engineer,CA,RCE 49665 27 PE,GE B.S.Civil Engineering Registered Geotechnical Engineer, CA, GE M.B.A 2509 Selected Inspectors/Technicians Pat Philpott Welding Inspector AWS/CWI#92061981 30 ICC Structural Steel&Welding Special Inspector#0848927-85 City of Los Angeles Structural Steel#P018963 County of Los Angeles Special Inspector#00164 City of Long Beach#597 County of Orange Special Inspector#0200 City of Newport Beach Special Inspector#NB-0050 City of Irvine Special Inspector#337 Franklin Tsai Welding Inspector AWS-CWI#00110271 16 Certified Structural Steel and Welding,ICC#5051522-85 ASNT Level II:Ultrasonic,Magnetic Particle Testing Ray Getz Welding Inspector AWS-CWI,American Welding Society#09121121 16 ICC Reinforced Concrete,#5246858 ICC Prestressed Concrete,#5246858 ICC Structural Masonry,#5246858 ICC Special Inspector Structural Steel/Welding,#5246858 ICC Structural Steel and Bolting,#5246858 ICC Fireproofing,#5246858 County of Orange Special Inspector ACI Concrete P-16063_w-Fee Inserted 3 San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 RELEVANT PROJECT EXPERIENCE Client: Inland Empire Utilities Agency 6075 Kimball Avenue, Building A, Chino, CA 91708 Contact: Mr. David Mendez;909/993-1600 Ninyo & Moore is providing on-call geotechnical testing, materials testing, and special inspection services associat- ed with the construction of the$10 million 930 Zone Recycled Water Reservoir Project. The Inland Empire Utilities Agency (IEUA) is constructing the reservoir (and other associated projects) to further expand its recycled water distribution system within its jurisdiction.The new reservoir is being constructed near Galloping Hills Road in Chino Hills. In addition to the reservoir, IEUA will also construct a 4+ pipeline connecting the reservoir to a pump station at the IEUA Carbon Canyon Recycled Water Facility in Chino. Portions of the pipeline are being incorporated into the reservoir project. To-date, Ninyo& Moore observed the mass grading of the project site. Hillside grading involved cuts and fills up to 50 feet. Due to the complicated geologic environment at the reservoir site, Ninyo & Moore worked closely with IEUA throughout grading and provided geotechnical engineer support in addition to typical grading geotechnical observation and field density testing. Ninyo& Moore is also observing on-going welding fabri- cation shop activities. Pipeline being fabricated in the shop consists of 30-inch-diameter cement-mortar lined ductile iron pipe. Welding inspections are being performed by a Ninyo & Moore AWS-CWI who is working in close contact with the IEUA project manager. Client: RBF Consulting 14725 Alton Parkway, Irvine, CA 92618 Contact: Mr.Jerome Ruddins;949/855-3634 Ninyo& Moore provided inspection and materials testing services during construction of the Joint Transmission Main Relocation at Crown Valley Parkway and Alicia Parkway project in Laguna Niguel, California.The project gen- erally included relocation of the existing water main. The new water main pipe consisted of approximately 1,200 linear feet of 39 inch diameter steel pipe. The new pipe was placed on Crown Valley Parkway and Alicia Parkway. The project also included abandonment of existing vaults as well as construction of a new concrete vault. Ninyo and Moore provided pipe welding inspection services, non destructive examination (dye penetrant) of welds and con- crete sampling and testing. Daily reports with photos documentation was provided on a daily basis. Our laboratory testing services included concrete compressive strength testing.The welding inspectors were certified by American Welding Society and the concrete inspectors were certified by International Code Council. P-16063_w-Fee Inserted 4 San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 Client: John Wayne Airport 3160 Airway Avenue, Costa Mesa, CA 92626 Contact: Mr.Ambi Thurai; 949/252-5298 Ninyo & Moore provided geotechnical testing, materials testing, and special inspection services associated with the construction of the new$40 million South Remain Overnight (RON) apron. The construction of the new apron was necessary to provide room for the construction of the new Terminal C facility, which will extend onto the old South RON apron. The new apron design consists of 17 inches of PCC over 13 inches of aggregate base. Subgrade preparation and the concrete apron construction were performed in accordance with Federal Aviation Administration (FAA) specifications. Our services included geotechnical observation and field density testing to evaluate FAA des- ignation P-152 (embankment/subgrade soils), P-158 (crushed miscellaneous base), P-209 (crushed aggregate base). In addition, we performed field sampling/testing and batch plant inspection of P-501 (PCC pavement) con- crete and P-610 (structural concrete), and P-153 (controlled low-strength material). Laboratory testing for concrete compressive strength (cylinders), concrete flexural strength (beams), cleanness value, sand equivalent, sieve analysis, soil maximum density,Atterberg limits. In addition, Ninyo&Moore provided special inspection for welding of the fuel line extension and masonry blast wall construction. i ® d Client: Inland Empire Utilities Agency 6075 Kimball Avenue, Building A, Ontario, CA 91708 Contact: Mr. David Mendez;909/993-1600 Ninyo&Moore provided on-call geotechnical testing, materials testing, and special inspection services associated with the construction of the $25 million 1630 Recycled Water Pipeline Project. The Inland Empire Utilities Agency (IEUA) constructed the pipeline (and other associated projects) to further expand their recycled water facilities within their jurisdiction. The 6+ mile long pipeline connected the newly constructed Pump Station near the intersection of East 6th Street and North Baker Avenue in Ontario to the newly constructed reservoir near the intersection of 19th Street and Sapphire Street in Rancho Cucamonga. The new pipeline consisted of 30-inch-diameter cement-mortar lined ductile iron pipe placed by means of typical cut-and-cover construction. Jack and bore construction was performed at some railroad crossings and major intersections.The depth of the pipeline was 5 to 15 feet deep. Ninyo& Moore observed the day-to-day construction activities, including geotechnical observation and field density testing, construction of new pavements,and construction of concrete curbs/gutters/sidewalks/appurtenances that replaced structures disturbed during construction. Ninyo& Moore performed special inspections of concrete, masonry, as well as welding inspection of the pipeline. Ninyo& Moore also performed field sampling and laboratory testing of soil, aggregate base, asphalt concrete, Portland cement concrete, to ensure project materials were in conformance with the project plans and specifications. Due to the project location passing through dense residential areas and near multiple schools, Ninyo& Moore assisted the project team to ensure safety protocols were in-place and followed closely during construction. Additionally, due to the length of the pipeline alignment and abbreviated construction schedule, IEUA constructed the pipeline as three separate concurrent projects (Segments A, B, and C). Ninyo& Moore utilized a number of cost- saving efficiencies during construction of the projects. P-16063_w-Fee Inserted 5 San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 TABLE 1 - BREAKDOWN OF ESTIMATED FEE PROJECT COORDINATION, MANAGEMENT AND TECHNICAL SUPPORT Senior Project Engineer/Geologist/Environmental Scientist 8 hours @ $ 145.00 /hour $ 1,160.00 Supervisory Technician 4 hours @ $ 86.00 /hour-$ 344.00 Subtotal $ 1,504.00 FIELD SERVICES Field Welding Inspector 240 hours @ $ 79.00 /hour $18,960.00 Field Vehicle and Equipment Usage 240 hours @ $ 10.00 /hour-$ 2,400.00 Subtotal $21,360.00 TOTAL ESTIMATED FEE $22,864.00 COW , San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist........................................................................................... $ 154 Senior Engineer/Geologist/Environmental Scientist............................................................................................... $ 148 Senior Project Engineer/Geologist/Environ mental Scientist.................................................................................. $ 145 Project Engineer/Geologist/Environmental Scientist.............................................................................................. $ 142 Senior Staff Engineer/Geologist/Environmental Scientist...................................................................................... $ 128 Staff Engineer/Geologist/Environmental Scientist.................................................................................................. $ 120 GISAnalyst............................................................................................................................................................. $ 120 FieldOperations Manager...................................................................................................................................... $ 95 SupervisoryTechnician*......................................................................................................................................... $ 86 Nondestructive Examination Technician*, UT, MT, LP.......................................................................................... $ 85 Senior Field/Laboratory Technician*...................................................................................................................... $ 79 Field/Laboratory Technician*.................................................................................................................................. $ 79 ACIConcrete Technician*...................................................................................................................................... $ 79 Concrete/Asphalt Batch Plant Inspector*............................................................................................................... $ 79 Special Inspector(Concrete, Masonry, Steel,Welding,and Fireproofing)*.......................................................... $ 79 Technical Illustrator/CAD Operator......................................................................................................................... $ 78 Geotechnical/Environmental/Laboratory Assistant................................................................................................ $ 66 InformationSpecialist.............................................................................................................................................. $ 66 Data Processing,Technical Editing,or Reproduction............................................................................................ $ 58 OTHER CHARGES ExpertWitness Testimony............................................................................................................................ $ 400 /hr Concrete Coring Equipment(includes one technician)............................................................................... $ 160 /hr PID/FID Usage.............................................................................................................................................. $ 120 /day Anchor load test equipment(includes technician)....................................................................................... $ 89 /hr HandAuger Equipment................................................................................................................................ $ 55 /day InclinometerUsage ...................................................................................................................................... $ 32 /hr VaporEmission Kits...................................................................................................................................... $ 30 /kit Level D Personal Protective Equipment(per person per day).................................................................... $ 25 /p/d Rebar Locator(Pachometer)........................................................................................................................ $ 22 /hr Nuclear Density Gauge Usage..................................................................................................................... $ 12 /hr FieldVehicle Usage...................................................................................................................................... $ 10 /hr Direct Project Expenses....................................................................................................................... Cost plus 15% Laboratory testing, equipment,and otherspecial equipment rovided upon request. NOTES(Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. *Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage De- termination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt.A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as pre- sented in Ninyo&Moore's Work Authorization and Agreement. COW San Ramon Storm Drainage System July 29, 2013 Rancho Palos Verdes, California Proposal No. P-16063 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Concrete Atterberg Limits,D 4318,CT 204..............................................$ 145 Cement Analysis Chemical and Physical,C 109................................$ 1,650 California Bearing Ratio(CBR),D 1883....................................$ 440 Compression Tests,6x12 Cylinder,C 39...........................................$ 22 Chloride and Sulfate Content,CT 417&CT 422......................$ 135 Concrete Mix Design Review,Job Spec.............................................$ 140 Consolidation,D 2435,CT 219..................................................$ 275 Concrete Mix Design,per Trial Batch,6 cylinder,ACI........................$ 750 Consolidation—Time Rate,D 2435,CT 219............................$ 70 Concrete Cores,Compression(excludes sampling),C 42................$ 55 Direct Shear—Remolded,D 3080.............................................$ 290 Drying Shrinkage,C 157.....................................................................$ 250 Direct Shear—Undisturbed,D 3080..........................................$ 250 Flexural Test,C 78..............................................................................$ 50 Durability Index,CT 229.............................................................$ 150 Flexural Test,C 293............................................................................$ 55 Expansion Index,D 4829,UBC 18-2........................................$ 165 Flexural Test,CT 523..........................................................................$ 60 Expansion Potential(Method A),D 4546..................................$ 145 Gunite/Shotcrete,Panels,3 cut cores per panel and test, ACI.........$ 250 Expansive Pressure(Method C),D 4546..................................$ 145 Jobsite Testing Laboratory.................................................................. Quote Geofabric Tensile and Elongation Test,D 4632........................$ 165 Lightweight Concrete Fill,Compression,C 495..................................$ 40 Hydraulic Conductivity,D 5084..................................................$ 300 Petrographic Analysis,C 856..............................................................$ 1,100 Hydrometer Analysis,D 422,CT 203........................................$ 190 Splitting Tensile Strength,C 496.........................................................$ 80 Moisture,Ash,&Organic Matter of Peat/Organic Soils............$ 110 Moisture Only,D 2216,CT 226.................................................$ 30 Reinforcing and Structural Steel Moisture and Density,D 2937...................................................$ 39 Fireproofing Density Test,UBC 7-6....................................................$ 55 Permeability,CH,D 2434,CT 220............................................$ 230 Hardness Test,Rockwell,A-370.........................................................$ 50 pH and Resistivity,CT 643........................................................$ 140 High Strength Bolt,Nut&Washer Conformance,set,A-325.............$ 120 Proctor Density D 1557,D 698,CT 216,&...............................$ 180 Mechanically Spliced Reinforcing Tensile Test,ACI..........................$ 95 AASHTO T-180(Rock corrections add$80) Pre-Stress Strand(7 wire),A 416.......................................................$ 140 R-value,D 2844,CT 301...........................................................$ 250 Chemical Analysis,A-36,A-615..........................................................$ 120 Sand Equivalent,D 2419,CT 217.............................................$ 90 Reinforcing Tensile or Bend up to No.11,A 615& A 706................$ 50 Sieve Analysis,D 422,CT 202..................................................$ 110 Structural Steel Tensile Test:Up to 200,000 lbs. Sieve Analysis,200 Wash,D 1140,CT 202.............................$ 90 (machining extra),A 370...................................................................$ 70 Specific Gravity,D 854...............................................................$ 90 Welded Reinforcing Tensile Test:Up to No.11 bars,ACI.................$ 55 Thermal Resistivity(ASTM 5334,IEEE 442) ...........................$ 800 Triaxial Shear,C.D,D 4767,T 297............................................$ 390 Asphalt Concrete Triaxial Shear,C.U.,w/pore pressure,D 4767,T 2297 per pt..$ 330 Asphalt Mix Design,Caltrans..............................................................$ 2,200 Triaxial Shear,C.U.,w/o pore pressure,D 4767,T 2297 per pt..$ 190 Asphalt Mix Design Review,Job Spec...............................................$ 150 Triaxial Shear,U.U.,D 2850......................................................$ 140 Extraction, /o Asphalt,including Gradation,D 2172,CT 382.............$ 215 Unconfined Compression,D 2166,T 208.................................$ 100 Film Stripping,CT 302.........................................................................$ 100 Wax Density,D 1188.................................................................$ 90 Hveem Stability and Unit Weight CTM or ASTM, CT 366.................$ 195 Marshall Stability,Flow and Unit Weight,T-245.................................$ 215 Roofing Maximum Theoretical Unit Weight,D 2041........................................$ 120 Built-up Roofing,cut-out samples,D 2829................................$ 165 Swell,CT 305.......................................................................................$ 165 Roofing Materials Analysis,D 2829...........................................$ 500 Unit Weight sample or core,D 2726,CT 308.....................................$ 90 Roofing Tile Absorption,(set of 5),UBC 15-5...........................$ 190 Roofing Tile Strength Test,(set of 5),UBC 15-5.......................$ 190 Aggregates Absorption,Coarse,C 127..................................................................$ 35 Masonry Absorption,Fine,C 128.......................................................................$ 35 Brick Absorption,24-hour submersion,C 67.............................$ 45 Clay Lumps and Friable Particles,C 142............................................$ 100 Brick Absorption,5-hour boiling,C 67.......................................$ 55 Cleanness Value,CT 227...................................................................$ 120 Brick Absorption,7-day,C 67....................................................$ 60 Crushed Particles,CT 205..................................................................$ 140 Brick Compression Test,C 67...................................................$ 45 Durability,Coarse,CT 229..................................................................$ 130 Brick Efflorescence,C 67...........................................................$ 45 Durability,Fine,CT 229.......................................................................$ 130 Brick Modulus of Rupture,C 67.................................................$ 40 Los Angeles Abrasion,C 131 or C 535...............................................$ 180 Brick Moisture as received,C 67...............................................$ 35 Mortar making properties of fine aggregate,C 87..............................$ 275 Brick Saturation Coefficient,C 67..............................................$ 50 Organic Impurities,C 40......................................................................$ 55 Concrete Block Compression Test,8x8x16,C 140..................$ 60 Potential Reactivity of Aggregate(Chemical Method),C 289............$ 390 Concrete Block Conformance Package,C 90..........................$ 440 Sand Equivalent,CT 217....................................................................$ 90 Concrete Block Linear Shrinkage,C 426..................................$ 120 Sieve Analysis,Coarse Aggregate,C 136..........................................$ 105 Concrete Block Unit Weight and Absorption,C 140.................$ 55 Sieve Analysis,Fine Aggregate(including wash),C 136...................$ 105 Cores,Compression or Shear Bond,CA Code........................$ 55 Sodium Sulfate Soundness(per size fraction),C 88..........................$ 160 Masonry Grout,3x3x6 prism compression,UBC 21-18...........$ 30 Specific Gravity,Coarse,C 127..........................................................$ 75 Masonry Mortar,2x4 cylinder compression,UBC 21-16..........$ 30 Specific Gravity,Fine,C 128...............................................................$ 85 Masonry Prism,half size,compression,UBC 21-17.................$ 110 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo&Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. COW GARRETH M. SAIKI, RE, GE Project Manager EDUCATION Master of Business Administration, 1998, University of California, Davis Master of Science, Civil Engineering, 1989, University of California, Berkeley Bachelor of Science, Civil Engineering, 1987, University of California, Berkeley REGISTRATIONS Registered Civil Engineer, California, RCE 49665 Registered Geotechnical Engineer, California, GE 2509 PROFESSIONAL RESPONSIBILITIES AND PROJECT EXPERIENCE As a Project Manager for Ninyo & Moore, Mr. Saiki provides project coordination and oversees scheduling of field activities, supervises staff-level geologists and engineers, supervises field technicians and special inspectors, reviews project plans and specifications, and reviews laboratory test results for conformance with the project documents, including the Uniform Building Code (UBC), California Building Code (CBC), Federal Aviation Administration (FAA), State Department of Transportation (Caltrans), American Association of State Highway and Transportation Officials (AASHTO), and the Standard Specifications for Public Works Construction (Greenbook). ■ Orange County Sanitation Authority On-Call Geotechnical, Materials Testing, and Inspection Services for Collection Systems and Treatment Plant Projects: Project Manager retained for the last four consecutive contract periods (over 43 projects) to provide the Authority with as-requested ge- otechnical, materials testing, and inspection services for various projects located within the Authority's Collection System, Treatment Plant No. 1 in Fountain Valley and Treatment Plant No. 2 in Huntington Beach. Ninyo & Moore has provided field technicians and registered deputy inspectors on various Au- thority projects to perform field sampling and testing of materials and special inspection services. ■ On-Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Air- port, Orange County, California: Project Engineer retained to provide on-call geotechnical, materials testing and inspection services for various airport projects located at the John Way Airport in Orange County, California. ■ County of Los Angeles, On-Call Soils and Materials Testing & Inspection Services, California: Project Manager for the on-call materials testing and inspections contract for various County of Los An- geles Department of Public Works contracts. Responsibilities include contract management and daily coordination of field technicians, special deputy inspectors, and laboratory testing services in support of over forty construction projects throughout the County of Los Angeles. ■ Waterworks District 40 Headquarters, Lancaster, California: Project Manager for the geotechnical observation and testing during construction of the Waterworks District 40 Headquarters. Mr. Saiki man- aged field technicians, performed periodic site inspections during earthwork, evaluated footing excavations, and prepared the as-graded geotechnical report for the project. ■ CDBG Storm Drain, Orange, California: Project Engineer during the geotechnical evaluation of a new 51-inch RCP pipeline in the City of Orange. The project involved subsurface exploration along the pipe- line, laboratory testing, and preparation of a geotechnical design report. Mr. Saiki analyzed boring data to evaluate pipe bedding conditions and developed design parameters for shoring, pipe zone backfill, trench backfill, and pavement construction. ■ Hellman Ave Storm Drain Storm Drain Improvements, Rancho Cucamonga, California: Project Manager retained to provide geotechnical and materials testing services for the construction of the Hellman Avenue Master Planned Storm Drain Improvements and Street Improvements — Phase 2 pro- ject. Services included project coordination and management with the client construction manager. Improvements consisted of constructing various diameter reinforced concrete pipe (RCP), storm drain improvements, underground utility improvements, various drainage structures, new retaining walls, re- moval and replacement of sections of the roadway, street widening, asphalt-rubberized hot mix (ARHM) overlay, sidewalk improvements, curb and gutter improvements, signal improvements, street lighting improvements, signage and striping, various landscaping improvements and miscellaneous appurte- nances. PATRICK P ILPOTT AWS-CW/ Welding Inspector EDUCATION Diploma/High School CERTIFICATIONS AWS/CWI #92061981 ICC Structural Steel &Welding Special Inspector#0848927-85 City of Los Angeles Structural Steel#P018963 County of Los Angeles Special Inspector#00164 City of Long Beach#597 County of Orange Special Inspector#0200 City of Newport Beach Special Inspector# NB-0050 City of Irvine Special Inspector#337 PROFESSIONAL EXPERIENCE AND RESPONSIBILITIES Mr. Philpott has extensive experience in the construction inspection industry. Mr. Philpott performs weld- ing inspections for various projects in the Los Angeles County area as an independent contractor. ■ South Coast Water District, Joint Transmission Main Relocation, Laguna Niguel, California: In- spector provided welding inspection for South Coast Water District's project located in Laguna Niguel, California. ■ Orange County Sanitation District, Bitter Point Pump Station, Newport Beach, California: Inspec- tor provided welding inspection for the Bitter Point Pump Station project located in Newport Beach, California. ■ West Basin Municipal Water District, Carson Facility, Carson, California: Inspector provided weld- ing inspection for the West Basin Municipal Water District. ■ Irvine Unified School District, Eastshore Elementary Modernization Project, Irvine, California: Inspector provided welding inspections during the Eastshore Elementary Modernization project located in Irvine, California. ■ Anaheim Memorial Medical Center(isolation unit upgrade), Anaheim, California: Provided inspec- tion services for the Anaheim Memorial Medical Center. ■ Alhambra Health Center, Alhambra, California: Provided inspection services for the Alhambra Health Center. ■ Anaheim Memorial Hospital, Anaheim, California: Provided inspection services for the Anaheim Memorial Hospital. ■ Los Angeles County Department of Public Works (1st Floor upgrade), Alhambra, California: Pro- vided inspection services for the County of Los Angeles, Department of Public Works. ■ UCI Medical Center (building 22B), Orange, California: Inspector provided inspection services dur- ing the construction of the UCI Medical Center Building located in Orange, California. ■ Kaiser Los Angeles Medical Center (cardiac cath lab), Los Angeles, California: Provided inspec- tion Services. ■ City of Arcadia Police Facility, Arcadia, California: Inspector provided inspection services for the City of Arcadia Police Facility. ■ Little Company of Mary Hospital —Torrance, California: Provided inspection services. ■ UCI Medical Center, Orange, California: Inspection services provided for UCI Medical Center. ■ San Bernardino College (Learning Resource Center), San Bernardino, California: Inspector pro- vided inspection services for the San Bernardino College. ■ Los Angeles Mission College (administration expansion), Los Angeles, California: Provided in- spection services. FRANKLIN TSAI AWS-CW/ Welding Inspector EDUCATION Hellier Pacific, Anaheim, California Northrup Rise Institute of Technology, Inglewood, California University of California, Los Angeles, California CERTIFICATIONS AWS-CWI, American Welding Society#00110271 Certified Structural Steel and Welding, ICC#5051522-85 ASNT Level II: Ultrasonic, Magnetic Particle Testing PROFESSIONAL RESPONSIBILITIES AND PROJECT EXPERIENCE Mr. Tsai has over 16 years of work experience in the construction and inspection industry. He has exten- sive work with hands on experience in construction and construction inspection. ■ SR-22 HOV Design Build Project, 22 Freeway Retro Fit: Welding Inspection and Quality Assurance ■ Santa Maria Public Library, Santa Maria, California: Welding, Ultrasonic and Magnetic Particle Test- ing. ■ Hines Crescent, 13-Story Building, Irvine, California: Structural Steel and Welding, Welding Inspec- tion, Ultrasonic and Magnetic Particle Testing. ■ Irvine Valley College Performing Art Center, Irvine, California: Shotcrete, Concrete, Shop and Field Welding. ■ Tick Canyon Project for Caltrans: Welding Inspection and Ultrasonic Testing. ■ Anaheim Youth Center and Police Station, Anaheim, California: Welding Inspection. ■ LBCC District Facilities and Warehouse Complex, Long Beach, California: Welding Inspection and Ultrasonic Testing. ■ Lynwood Elementary School#2, Lynwood, California: Welding Inspection. ■ Richmond-San Rafael Bridge: Welding Inspection. ■ John Wayne Airport Security Screening Expansion, Santa Ana, California: Welding Inspection. ■ Burbank High School Parking Building Phase II, Burbank, California: Welding Inspection. ■ Munger Research Center, Huntington Library, San Marino, California: Welding Inspection. ■ East Los Angeles College Technology Center, Los Angeles, California: Welding, Ultrasonic and Magnetic Particle Testing. ■ Santa Monica Library Renovation & Expansion, Santa Monica, California: Welding, Ultrasonic and Magnetic Particle Testing. ■ Burbank High School, Burbank, California: Welding Inspection and Ultrasonic Testing. ■ Little Company of Mary Hospital, Torrance, California: Some Welding Inspection, Ultrasonic and Magnetic Particle Testing. RAY GETZ AWS-CW/ Welding Inspector CERTIFICATIONS AWS-CWI,American Welding Society#09121121 ICC Reinforced Concrete,#5246858 ICC Prestressed Concrete, #5246858 ICC Structural Masonry,#5246858 ICC Special Inspector Structural Steel/Welding, #5246858 ICC Structural Steel and Bolting,#5246858 ICC Fireproofing,#5246858 County of Orange Special Inspector ACI Concrete PROFESSIONAL RESPONSIBILITIES AND PROJECT EXPERIENCE Mr. Getz has over 16 years of work experience in the construction and inspection industry. He has exten- sive work with hands on experience in construction and construction inspection. ■ City of Fountain Valley, Well #6 Rehabilitation, Fountain Valley, California: Provided inspection services for the City of Fountain Valley Well#6 project. ■ Orange County Sanitation District, Secondary Activated Sludge Facility, Fountain Valley, Cali- fornia: Provided inspection services for the Secondary Activated Sludge Facility. ■ Orange County Sanitation District/Trickling Filters Plant No. 2: Special Inspector providing welding inspection services on pipelines. ■ John Wayne Airport Terminal C and Improvements to Terminals A&B: Special Inspector providing special inspection services, including fireproofing at all stages of construction for the terminals. Project will continue to 2013. ■ Arcadia Unified School District, Ponderosa Elementary School: Special Inspector providing fire proofing and masonry inspection services for various aspects of the project. ■ Tuck and Roll/Disney's California Adventure: Provided Welding Inspection and Quality Assurance. ■ John Wayne Airport Central Plant Facility: Special Inspector providing adhesion testing on fireproof- ing material. ■ Long Beach Unified School District, GTE Site New Middle School: Special Inspector providing special inspection services, including fireproofing. ■ John Wayne Airport Security Screening Expansion, Santa Ana, California: Welding Inspection. • Exhibit "C": Drug-Free Workplace Certification The Drug-Free Workplace Act of 1990, California Government Code Section 8350 et. seq. (the "Act")requires that every person or organization awarded a State contract or grant shall certify that it will provide a drug-free workplace by doing all of the following, as listed in Section 8355: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of the prohibition. (2) Establishing a drug-free awareness program to inform employees about all of the following: (A) The dangers of drug abuse in the workplace. (B) The person's or organization's policy of maintaining a drug-free workplace. (C) Any available drug counseling, rehabilitation, and employee assistance programs. (D) The penalties that may be imposed upon employees for drug abuse violations. (3) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required in this certification and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement. The persons executing this certificate on behalf of the CONSULTANT warrant and represent that they have the authority to execute this certificate on behalf of the CONSULTANT and have the authority to bind the CONSULTANT to the performance of its obligations hereunder. We, the undersigned, understand that the project for which the CONSULTANT is being awarded a contract is funded in part by a State grant, and we agree to fulfill the terms and requirements of Government Code Section 8355 listed above. We further understand that if the City or State determines that we have either made a false certification herein or violated this certification by failing to carry out the requirements of Government Code Section 8355, the contract awarded herein is subject to termination,suspension of payments,or both, and we or the Contractor may be subject to debarment in accordance with the requirements of Government Code Section 8355et. seq. We agree to require this certificate of all of CONSULTANT's subcontractors,and will submit those signed certifications by all subcontractors with this certification. We, the undersigned, acknowledge that the Contractor is aware of the provisions of Government Code Section 8350 et. seq., and we hereby certify that the Contractor will adhere to the requirements of the Drug-Free Workplace Act of 1990. Date: August 9, 2013 Contractor: Ninvo & Moore 40a :WI_ - Signature Signature Jalal Vakili Carol Price Name Name Principal Engineer Principal Geogolist Title Title Exhibit "C" R6876-0001\1602653v2.doc Agreement for Design Professional Services Lorna Cloke From: Andy Winje Sent: Tuesday, September 29, 2015 5:22 PM To: Lorna Cloke Subject: FW: Missing Dates and Exhibits for Ninyo & Moore Contract $22,864.00 Attachments: Ninyo & Moore - Installation of 4000' of 54_Steel Storm Drain Pipe XXX ....pdf; 2013-07-17 San Ramon Canyon Welding Inspection RFP.pdf Andy Winje 310-544-5249 ***IMPORTANT UPDATE WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. PLEASECHANGE MY EMAIL ADDRESS ARW _ P� A.oQ.VI Y CONTACT LIST._ From:Andy Winje Sent:Tuesday, September 29, 2015 10:48 AM To: Nathan Zweizig<NathanZ@rpvca.gov> Cc: Ron Dragoo<RonD@rpvca.gov> Subject: FW: Missing Dates and Exhibits for Ninyo & Moore Contract$22,864.00 Here is the RFP (Exhibit A). Date entered into and commence date are the same,August 8, 2013. I'm still waiting for a copy of the proposal (Exhibit 13)from KOA (who ran the solicitation). I could not find it in my records or PW files. I will forward as soon as I receive it. Andy Winje 310-544-5249 ***IMPORTANT UPDATE*** WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. PLEASECHANGE MY EMAIL ADDRESS ARWP� A.oQ.VI Y CONTACT LIST._ From: Ron Dragoo Sent:Thursday, September 24, 2015 10:14 AM To:Andy Winje<An_dyW( rva:gcav> Subject: FW: Missing Dates and Exhibits for Ninyo & Moore Contract$22,864.00 Andy, Please provide this information requested. Thanks. Ron Dragoo, PE Principal Engineer WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. PLEASE NOTE MY NEW EMAIL AND IF I AM IN YOUR CONTACTS,SWITCH MY EMAIL FROM r d__ �".pvocorn TO r nd@.Ep .og v 1 From: Lorna Cloke Sent:Wednesday, September 23, 2015 11:47 AM To: Ron Dragoo Cc: Carla Morreale Subject: Missing Dates and Exhibits for Ninyo & Moore Contract$22,864.00 Hi Ron, The attached contract is being scanned and made available in Laserfiche. It was signed by the City Manager. The day entered into and commence date are not filled in and it's Exhibits A and B are missing. Please provide the missing pieces. Thankyou! Lorna 2